Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1860: s.302 r/w s.34 Penal Code Previous enmity |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Penal Code, 1860: s.302 r/w s.34 – Previous enmity between the complainant party and accused – Gunshot and knife blows on the victim deceased resulting in his death – Conviction under s.302 r/w s.34 by courts below – On appeal, held: For convicting an accused, recovery of the weapon used in commission of offence is not a sine qua non – PW1 & PW2 were reliable and trustworthy eye- witnesses to the incident and they specifically stated that A1 fired from the gun and the deceased sustained injury – The injury by the gun was established and proved from the medical evidence and the deposition of PW5-doctor – Merely because the ballistic report shows that the bullet recovered does not match with the gun recovered, it is not possible to reject the credible and reliable deposition of eye-witnesses PW1 & PW2 – Prosecution was successful in proving the motive – There was a prior long-time enmity between the deceased and the accused-A1 – Even the deceased was also facing trial for the offence under s.307 IPC at the instance of A1 – The defence failed to prove any circumstances by which it can be said that they were falsely implicated in the case – Trial court and High Court rightly convicted the accused for the offence punishable under s.302 r/w s.34 – So far as A1 is concerned, there is a direct evidence against him using the gun and shooting the deceased – Therefore, even he can be convicted for the offence punishable under s.302 IPC, without the aid of s.34 IPC. |
Judge | Hon'ble Mr. Justice M.R. Shah |
Neutral Citation | 2021 INSC 321 |
Petitioner | Rakesh And Another |
Respondent | State Of U.p. And Another |
SCR | [2021] 6 S.C.R. 874 |
Judgement Date | 2021-07-06 |
Case Number | 556 |
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